Since the beginning of the year, arbitration courts have considered five claims to bring private medical organizations to administrative liability for failure to enter information into the unified state information system in the field of healthcare. Four of them were satisfied, in one case the head of the clinic was fined.
Arbitration courts of the constituent entities of Russia have already made five decisions in January regarding private clinics that did not comply with licensing requirements and did not enter information into the Federal Register of Medical and Pharmaceutical Organizations (FRMO) and Federal Register of Medical and Pharmaceutical Workers (FRMR), drew the attention of “MV”. Mostly claims for administrative liability were filed by the prosecutor’s office. Judicial acts are published in the “My Arbitrator” system.
The Arbitration Court of the Moscow Region considered four such cases. Only one of them was rejected, and that was due to procedural violations committed by an employee of the Ramenskaya City Prosecutor’s Office during the inspection.
The Ruza City Prosecutor’s Office succeeded in bringing to administrative responsibility an ophthalmologist (IP Kazachinsky V.V.), general director of the dental clinic Artiko LLC. Galina Anokhina and an ophthalmologist (IP Kazachinskaya V.V.) for not posting up-to-date information in the unified state information system in the field of healthcare (Uniform State Health Information System): in the FRMO and FRMR. In the first two cases, the court limited itself to a warning, and in the third, it fined the private practitioner 3 thousand rubles.
The Arbitration Court of the Novosibirsk Region satisfied a similar claim from the territorial body of Roszdravnadzor and issued a warning to the Alex LLC clinic.
“The moratorium on scheduled and unscheduled inspections of organizations introduced in 2022 does not apply to so-called control activities without interaction with the organization being inspected (clause 10 of the Government of the Russian Federation No. 336 of March 10, 2022), – a lawyer from the pharmaceutical and healthcare practice commented to MV on the situation. “Pepelyaev Group” Taisiya Kubrina. “Such activities include monitoring compliance with requirements, including monitoring carried out by Roszdravnadzor regarding the correctness of filling out the data of a medical organization in the FRMR or personal cards of employees in the FRMR.”
According to the expert, the service has direct access to this data, and in order to establish the absence of any information in the FRMR and FRMO, it does not even need to contact the medical organization.
Amendments to the law “On the Fundamentals of Health Protection” approved in July last year tightened the responsibility of regional health authorities for late submission of data to the Unified State Health Information System. Roszdravnadzor has been tasked with checking the completeness, reliability and relevance of the information, MV previously wrote.